Finding Justice for Elder Abuse Victims

Colorado is one of the youngest states in the country, but its population is aging rapidly. Between 2005 and 2023, the proportion of Coloradans aged 60 and older grew from 13% to 22%. By 2044, older adults are projected to make up one quarter of the state’s population. As the population ages, overall crime rates are expected to decline. However, older adults face unique risks of victimization due to health challenges, cognitive decline, limited incomes, and increased reliance on caregivers.

Elder Abuse encompasses a wide range of crimes committed against older adults, including physical abuse, emotional abuse, financial exploitation, neglect, and sexual abuse. Like domestic violence and child abuse, elder abuse is widely recognized as an underreported crime. Victims often fear retaliation, depend on the offender for basic needs, are unable to report, or feel shame about their circumstances.

The Colorado legislature has recognized this by increasing the penalties for crimes committed against “at-risk” adults, which includes anyone 70 years of age or older and adults with disabilities. In many cases, an “at-risk” finding increases an offense by one charge level, resulting in greater potential penalties. For example, Assault in the 3rd Degree is a Class 1 Misdemeanor, punishable by up to one year in jail. However, when the victim is an “at-risk” adult, the offense becomes a Class 6 Felony with a mandatory minimum sentence of eighteen months in prison.

In 2010, then-First Judicial District Attorney Scott Storey recognized the community’s shifting demographics and the need to focus more resources on elder abuse by creating the first Elder Abuse Unit in the state. This initiative coincided with a national movement to better understand elder abuse and improve the justice system’s response to it. That same year, the U.S. Congress passed the Elder Justice Act (2010), its first comprehensive attempt to address the issue.

Today, this specialized team handles just over 70 elder abuse cases annually (see figure below).

Despite representing only a small portion of the Office’s 3,000 annual felonies, elder abuse cases are significantly more resource-intensive, taking approximately 25% longer to resolve than other felony cases. Successfully prosecuting these crimes requires specialized knowledge, individualized attention to high need victims, and an awareness and sensitivity of the interpersonal relationships that frequently complicate both the investigation and prosecution of the abuse.

Much of the complexity in elder abuse cases arises from the fact that over 50% of defendants are family members, and approximately 25% are friends or caretakers of the victim (Figure below).